It pays to steal from your employer … You can pay the fine and still make a profit

Dec 31, 2017 News

The need to revamp local laws has been gathering steam in recent years. The reforms do not only include provisions in the Constitution for presidential term limits, but also for little offences, some of which carry fines that date back to the 80s.
The punishment amounts to a mere slap on the wrist.
At least one businessman who has suffered immensely is calling for some changes, and urgently at that.
Frank Sanichara, who runs a distribution business at Eccles, East Bank Demerara, has been suffering at the hands on not only burglars but even from former employees.
His losses from court time and the incidents are adding up and it is not painting a pretty picture.
Sanichara’s story of losing because of outdated laws which leave the police hands tied is not unique to his business. Almost all of the companies in Guyana have been complaining.
Many of them end up just firing the guilty employees and cutting their losses. They are not wasting time going to court.
Early last year, Sanichara got the shock of his life when a magistrate fined a former employee, Kevin Waaldijk, $100,000.
The former employee was accused of embezzling over $500,000 in cash. After a year of trial, and back and forth in court, the magistrate fined the man $100,000 after finding him guilty of the offence.
An upset Sanichara visited the Director of Public Prosecutions to have the matter appealed.
A few months ago, burglars cut holes in the building at Eccles, escaping with millions of dollars in cash and other items.
About three weeks ago, another employee, Anand Sawah, a salesman for over three years with the company, allegedly collected over $1M from customers but fled Guyana to Trinidad before he could be arrested.
“I am afraid that once again even if he is arrested, that the same thing will happen. In the last court case, there were not even talks of him paying back. It is as if you are saying to employees, please steal…there is no jail. You will only be required to pay back part as a fine to the court.”
Officials say that there is little the courts could do. With the recent moves to reduce prison overcrowding, first time offenders are getting away scot-free thanks to ancient laws and reforms at the prison system level.
In other words, there is a preference to fines than jail for non-violent offences.
Consecutive administrations have been making moves to have constitutional reforms but the process appears to have stalled.
“Like I said last year, it appears workers and others can steal and make a profit. That is what the current system is allowing. This is frustrating and a clear disincentive to business persons. This has been happening to many business owners but they are too frustrated to make it public.
“People guilty of embezzlement should be jailed at all levels. It leaves me to wonder why jail time is not in the sentencing guidelines of Guyana. It leaves a huge loophole from government officials to petty criminals to walk free.”

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It pays to steal from your employer … You can pay the fine and still make a profit

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